Kelsey

This action was begun by the above-named plaintiffs against the above-named defendants to determine the rights of the plaintiffs, as contract holders, to certain water rights obtained by them from the CrockerHuffman Land and Water Company, the water rights of' which company had been purchased by the defendant Merced Irrigation District. L. E. Danley, the appellant in this action, after obtaining leave therefor, filed a complaint in intervention. This complaint set out the necessary jurisdictional facts as to his being a land owner and taxpayer within the exterior boundaries of the Merced Irrigation District. To this petition in intervention the defendants demurred. This demurrer of the defendants to the appellant’s complaint in intervention was sustained without leave to amend, and judgment of dismissal thereafter entered. From this judgment the intervener, L. E. Danley, appeals. All the matters considered in the case of L. E. Danley v. Merced Irr. Dist., ante, p. 97 [ 226 Pac. 847 ], are presented for consideration in this case, but, as we have gone into them quite fully, it is unnecessary to again set them forth. The further objection is made that this court cannot consider the…